Pound's Jurisprudential thought and its relevance in contemporary age

Author: Rajas Salpekar, Student, Maharashtra National Law University, Nagpur, India


Abstract Man is a social animal and cannot survive without a society. A man’s actions are often influenced by actions of other members of society and his personal and professional life too has an influence of society in it. But are legislators also influenced by society? And is society also influencing the laws governing us? Sociological school bridges this gap between law and keeps society at the center of legislations. This paper talks about the advent of sociological school, delves into the jurisprudential theory of ‘Roscoe Pound’ and explains its relevance in contemporary age. In doing so, the paper first gives an outline of sociological thought by explaining the thought of chief proponents of Sociological school i.e. Eugene Ehlrich, August Comte and Montesquieu. The paper then explains the great economic depression of 1929, the rise of Sociological school of law and also describes the factors which led to the downfall of pre-existing schools. Thereafter, the paper delves into the theory of ‘social engineering’ & the theory of conflict of interests propounded by Roscoe Pound and explains its relevance in the contemporary times.

Keywords: Social Engineering, Society, Sociological School, Roscoe Pound.


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